Ajuve Dispute Resolution Rules
Last Updated 12th August 2016
Ajuve Dispute Resolution Rules (ADRR)
About These Rules
Please read these rules carefully, as they affect your rights.
If your contract or agreement includes an Ajuve Dispute Resolution Clause (ADRC),
or if you agree to submit your dispute to AjuveArb, by agreeing to do so with the
other party by signing an online agreement to do so at AjuveArb, you are
irrevocably agreeing to be bound by these Rules, and any amendments made to
these Rules that are in effect at the date the dispute is referred to AjuveArb. Please
therefore read these Rules carefully as they affect your rights. For example, you will
not, without the consent of any other party, or contract or agreement, be able to
refer your dispute to court.
Terms used in these Rules
“Act” is the Arbitration Act 1996 (as amended).
“ADRR” or “the Rules” is the Ajuve Dispute Resolution Rules.
“Claimant” is anyone who starts a claim.
“Respondent” is anyone against whom a claim is started.
“AjuveArb” is our binding online arbitration process, which is subject to the Act, as amended and supplemented by the Rules set out herein.
“Claim Reference Number” is a specific and unique number allocated to each claim that is submitted to AjuveArb.
“Moderator” is an arbitrator, as defined in the Act.
In these Rules all references to “you”, and all variations thereof, should be interpreted as references to a Claimant and/ or a Respondent, as appropriate.
All references to the “parties” should be interpreted as references to both the Claimant and the Respondent.
What is Ajuve?
Ajuve is an alternative to more traditional dispute resolution processes, like courts or traditional arbitration, either of which can be expensive and time consuming. Its aim is to be a high quality, low cost dispute resolution system for everyone, not just the rich and powerful.
AjuveArb is an online dispute resolution process that leverages the power of the Act to ensure its decisions are binding and enforceable.
A standard (ADRC) may be found at https://ajuve.com/clause. Simply cut and
paste this clause in to your contracts, in place of any other dispute resolution clause.
By adding a standard ADRC to your contracts and agreements, you can ensure that
you and your contracting parties will be able to use the revolutionary, cost effective
Ajuve system to solve any disputes that arise – and all at a small fraction of the cost
of traditional over-complex, expensive and slow arbitration and court systems.
What Sets Ajuve Apart from the Courts and Other Dispute Resolution Systems?
The aim of Ajuve is to control costs, save time and ensure that timetables are strictly
adhered to. Accordingly, the Moderator is authorised by the parties to exercise a
wide discretion to take any steps that the Moderator deems to be necessary and
reasonable in the circumstances in order to ensure the efficient disposal of a
How does Ajuve ensure that costs and delay are kept to a minimum, and time
timetables are strictly adhered to?
Firstly, with Ajuve there is no process of disclosure. By subscribing to AjuveArb each
party agrees to produce to the other party any key documentation and evidence
relevant to the dispute by attaching it, and any other evidence (such as witness
evidence), as pdf files to their claim or defence, as appropriate.
Secondly, there is no oral hearing. The Moderator will reach his or her decision (or
award) on the basis of documents alone.
Thirdly, the time limits are to be strictly adhered to, save in the most exceptional
circumstances. The parties authorise the Moderator to issue an award by default on
the basis of the information before him or her in the event a time limit imposed by
these Rules, or, absent this, the Moderator, is not complied with. Only in exceptional
circumstances additional time may be allowed.
This is explained in further details below.
When do these Rules Apply?
These rules apply:
1. To any dispute subject to an ADRC. Such a clause can be found at https://ajuve.com/clause
2. To any dispute where there is an agreement to refer that dispute to Ajuve.
AjuveArb is a form of online arbitration process, which is governed by the Act, as
amended, and as varied or supplemented by these Rules.
1. The Request for Arbitration
1.1. If the Claimant is not already a member of Ajuve, the first step is for the
Claimant to join Ajuve. This is a very simple process – just visit
https://ajuve.com/auth/register to fill out a membership request and then fill
out the Start My Claim form. These forms only take a few moments to
complete. You will also be asked to provide proof of identity in an
appropriate form, e.g. photo ID, photocopy passport etc. This information is
not usually disclosed to the other party but will be retained in confidence by
Ajuve to ensure compliance with the relevant rules and regulations.
1.2. The Claimant will then be asked to explain the nature of the dispute and its
brief outline. It is particularly important that you accurately describe the type
of dispute so we can channel the claim to a Moderator with the right type of
experience. You will also need to complete all the sections so that Ajuve
1.2.1. The names, addresses, telephone, and e-mail (if known) of the parties
to the arbitration;
1.2.2. A brief statement describing the nature and circumstances of the
dispute, and specifying the claims you are making against the
1.2.3. Attach copies of any supporting documents. This will usually include a
copy of the contract and other key documents upon which you rely. It is
very important not to leave out important documents as doing so might
prejudice your claim. We recommend documents are attached as PDF
The date of receipt of the uploaded details on the Ajuve website shall be treated as
the date on which the arbitration has commenced for all purposes.
2. Notification and participation
Where the dispute falls under an existing ADRC in a contract:
2.1. As soon as we receive the Claimant’s duly completed Start My Claim form, a
copy of the Start My Claim form will be forwarded to the Respondent and,
time will begin to run within which the Respondent is obliged to serve his or
her Response. The Ajuve system will also automatically allocate your claim to
a Moderator (see further below). A Claim Reference Number will be
allocated and notified to the Claimant and Respondent and you will then
have access to the online “My Claim” section of the Ajuve site, which is the
place where you communicate with the Respondent and the Moderator.
Where there is no ADRC and no separate agreement to use Ajuve arbitration is
already in place:
2.2. Both parties have to agree – you cannot impose AjuveArb on an another
party who has not already signed up to use it.
2.3. As soon as we receive the Claimant’s duly completed Start My Claim form, a
copy of the Start My Claim form will be forwarded to the Respondent,
together with an explanation of the benefits of using Ajuve. The Respondent
must agree to AjuveArb within 5 days, by visiting the link he or she will be sent
to complete an agreement to arbitrate online. If the intended Respondent
and you complete the agreement, then from that date, there will be a
binding agreement to refer the dispute to Ajuve and then from that date
time will run and the arbitration will continue. If the Respondent does not
agree to Ajuve arbitration, then you will be notified and it will then be
necessary to use another dispute resolution system, or the courts, to resolve
2.4. The remainder of these terms assume either that the dispute falls under an
ADRC or you and the Respondent has agreed to Ajuve arbitration.
3. The Response
3.1. Within 7 days of service of the Start My Claim form on the Respondent, (or
such lesser period fixed by Ajuve), the Respondent must complete a
“Response Pack” online. Like the Start My Claim form, this comprises a
number of sections all of which should be completed in full and will include:
3.1.1. His or her response to the Start My Claim form e.g. whether he or she
accepts the claim entirely, or part of the claim (details must be
provided) or if he or she rejects the entire claim.;
3.1.2. A brief statement describing the nature and circumstances of any the
Respondent’s defence to the claim and other claims he or she may
want to advance (counterclaim);
3.1.3. Copies of any supporting documents, which should be uploaded. This
will usually include all key documents upon which you rely. It is very
important not to leave out important documents as doing so might
prejudice your defence of the claim. We recommend documents are
attached as PDF files.
4. Timetable, evidence and other important matters
4.1. The essence of AjuveArb is to get away from the excessive complexity, cost
and delay all too frequently a feature of “traditional” dispute resolution
systems (including the court) and, by agreeing to AjuveArb under these
Rules, you confirm that you fully buy in to this philosophy. Note the following
4.1.1. Both the Start My Claim form and the Response Pack are limited to the
size and space available online - about 4 pages. That is it. Be careful
and avoid waffle – there simply is not the space!
4.1.2. You (that is the Claimant or the Respondent (as appropriate)) must
submit all other materials you intend to rely upon when you submit your
Start My Claim form or the Response Pack.
4.1.3. The final stage is the Closing Comments pack, just 2 further pages and
documents, that the parties can serve – the Claimant within 3 days of
receipt of the Response Pack, and the Respondent within a further 2
4.1.4. Both the Claimant and the Respondent will have the chance to submit
short witness statements from individuals who have information relevant
to the dispute. These statements should be no longer than 4 pages each,
save in exceptional circumstances.
4.1.5. Both the Claimant and the Respondent will also have the chance to
submit expert evidence, should such evidence be required, from experts
who have the required specialist knowledge to assist the Moderator with
his or her assessment of the merits of the Claimant’s and/ or the
Respondent’s case, whichever is appropriate. Save in exceptional
circumstances, the expert’s opinion should be no longer than 2 pages.
4.1.6. At any time, the Moderator may intervene and may provide the
Claimant and the Respondent with instructions about any additional
information, documents, or requests for clarification and the Claimant
and the Respondent must comply with those directions. Both the
Claimant and the Respondent may ask the Moderator to order the other
party to produce documents or answer questions about their claim or
their defence. After that, the Moderator gets to work on his or her
decision. It really is that simple!
4.1.7. Materials submitted outside these deadlines (or any other deadline
ordered by the Moderator) will not be read by the Moderator save in the
most exceptional circumstances – tidal waves, alien invasion, that sort of
4.1.8. All claims will usually be finally dealt with and an arbitration award
published within about 5 to 6 weeks.
4.2. While the Moderator has discretion to vary the timetable, he or she will only
do so if there are exceptional grounds to do so. And by exceptional, we do
mean truly exceptional. Vacations, family events, etc are not exceptional.
Tsunami wiping out your records, or an unexpected attack by killer bees –
now that might be exceptional.
5. The Moderator
5.1. Your case will de decided by a Moderator allocated to your case by Ajuve
in accordance with the Rules. A Moderator is an experienced individual who
acts impartially and who will reach a decision based on the evidence and
documents before the Moderator. He or she is a commercial person of
5.2. Ajuve alone is empowered to appoint or allocate Moderators. In selecting a
Moderator, consideration will be given to the nature of the transaction, the
nature and circumstances of the dispute, the nationality, location and
languages of the parties and (if more than two) the number of parties.
5.3. All Moderators conducting arbitration under these Rules shall be and remain
at all times impartial and independent of the parties; and none shall act in
the arbitration as advocates for any party.
5.4. While the Ajuve system allocates each claim to a Moderator automatically
based upon the information supplied by the parties, Ajuve may in certain
circumstances allocate or transfer cases to a different or new Moderator.
Generally, this may happen in the following cases:
5.4.1. To spread the workload evenly between different Moderators;
5.4.2. If the Moderator dies, falls seriously ill, refuses, or becomes unable or
unfit to act;
5.4.3. At the request of a Moderator for reasons which, in the reasonable
opinion of Ajuve, justifies the appointment of a replacement;
5.4.4. To prevent undue delay in rendering an arbitration award;
5.4.5. If a Moderator acts in deliberate violation of the arbitration agreement
(including these Rules) or the guidance provided to Moderators by Ajuve
or does not act fairly and impartially as between the parties or does not
conduct or participate in the arbitration proceedings with reasonable
5.4.6. If in the opinion of Ajuve, a change of Moderator is or may be justified
or is otherwise in the best interests of the parties.
Where a change is made, the parties will be notified as soon as practicable,
but Ajuve shall not be obliged to state the reasons for the change.
6. How Your Case is dealt with
6.1. Ajuve operates entirely online and your dispute will be dealt wholly and
exclusively using the Ajuve system, developed specifically to ensure a quick,
and cost effective method for the resolution of disputes.
6.1.1. There will be no oral hearings. However, if, and only if, both parties
expressly agree, and the Moderator in his absolute discretion also
agrees, virtual meetings or hearings may take place using any system
then in operation and available through the Ajuve site, or via Skype or an
similar online virtual meeting room system, provided that such hearings
shall not impact the timetable for the resolution of the dispute. Such
virtual meetings or hearings shall be the exception and the Moderator
may refuse consent to any such meeting or hearing without giving
6.1.2. Your communications with the other party and the Moderator or Ajuve
shall take place using the Ajuve system. All submissions, evidence and
statements will be uploaded to the Ajuve site when logged in as an
Ajuve member, and using your unique Claim Reference Number.
6.1.3. If, when you read the Claimant’s or Respondent’s (as appropriate)
documents, you believe any essential information is missing you should
immediately notify both the other party and the Moderator. Should it be
necessary (that is, the documents or the information is not forthcoming)
the Moderator make such order as she or he sees fit and that order must
be complied with by both parties.
7. The Formal Stuff
7.1. The seat of arbitration shall be England and all proceedings will be
conducted through the Ajuve website and system.
7.2. The law applicable to the arbitration (if any) shall be English law and all
arbitration proceedings will be conducted in the English language.
8. Jurisdiction of the Moderator and Ajuve
8.1. All decisions of the Moderator (including decisions made on applications
before the publication of an arbitration award) are final and binding and
there is no appeal on any point of fact or law to any court or tribunal. The
right of appeal under S.69 Arbitration Act 1996 or under any other law is
expressly excluded. Final means final, for all purposes.
8.2. The Moderator shall have the power to rule on its own jurisdiction, including
any objection to the initial or continuing existence, validity or effectiveness of
the arbitration agreement. For that purpose, an arbitration clause which
forms or was intended to form part of another agreement shall be treated as
an arbitration agreement independent of that other agreement. A decision
by the Moderator that such other agreement is non-existent, invalid or
ineffective shall not entail ipso jure the non-existence, invalidity or
ineffectiveness of the arbitration clause.
8.3. A plea by a Respondent that the Moderator does not have jurisdiction shall
be treated as having been irrevocably waived. A plea that the Moderator is
exceeding the scope of its authority shall also be treated as having been
8.4. Ajuve enjoys the powers granted to it by these rules. References herein to
“Moderator” shall include any replacement or substitute Moderator
appointed by Ajuve in accordance with these Rules, in addition to any other
powers it may enjoy pursuant to statute or common law.
9. Supervisory Panel
9.1. Ajuve has appointed a Supervisory Panel to ensure the smooth running of
Ajuve and to ensure the quality of Moderators and arbitration awards. The
Supervisory Panel may exercise any of the powers allocated to Ajuve in these
rules and in addition, the following powers:
9.1.1. To undertake a confidential review and provide comments to the
Moderator before any award is published to ensure all awards are of the
9.1.2. Generally to monitor all disputes you expressly consent to; and
9.1.3. The Claimant and the Respondent expressly consent to the unlimited
disclosure of their personal data and any information relating to any
dispute to the Supervisory Panel and any advisor appointed by the
Supervisory Panel for the purposes quality control, review of the
performance of moderators and for any other purpose which in the
reasonable opinion of the Supervisory Board or any of its members is
any claim submitted to AjuveArb.
10. Additional Powers of the Moderator
10.1. This clause sets out some additional important powers that in some
circumstances involving larger claims in particular, may be needed by the
Moderator and the parties.
10.2. The Moderator shall have the power, unless otherwise agreed by the parties in
writing, at the request of any party:
10.2.1. To order any respondent party to a claim or counterclaim to
provide security in such form and amount in any manner and upon
such terms as the Moderator considers appropriate in his or her
10.2.2. To order the preservation, storage, sale or other disposal of any
property or thing under the control of any party and relating to the
subject matter of the arbitration; and
10.2.3. To order on a provisional basis, subject to final determination in an
award, any relief which the Moderator would have power to grant
in an award including a provisional order for the payment of money
or the disposition of property as between any parties.
10.2.4. A Moderator may in his or her award include declaratory relief.
10.3. Generally, the Moderator may, at any time, make any order as he or she sees
fit to ensure that the parties have provided sufficient information and/ or
taken such steps as may be necessary and in order to keep the dispute on
track. A failure to comply with an order of the Moderator may lead to the
claim being dismissed or a decision in the form of an award against you
without further notice. Always comply with orders made by the Moderator.
Remember it is the Moderator who will decide the case and it follows that the
absence of co-operation of either party may prejudice the outcome.
10.4. The power of the Moderator under this clause 10 shall not prejudice
howsoever any party's right to apply to any court or other judicial authority for
interim or conservatory measures before the appointment of a Moderator by
Ajuve. Any application and any order for such measures after the
appointment of the Moderator shall be promptly communicated by the
applicant to the Moderator and all other parties. However, by agreeing to
arbitration under these Rules, the parties shall be taken to have agreed not to
apply to any court or other judicial authority for any order for security for its
legal or other costs available from the Moderator.
11 The Moderator’s Decision – The Award.
11.1. When all the papers have been considered by the Moderator he or she will
(subject to receipt of the relevant fees) publish his or her award subject to
receipt by Ajuve of its fees. “Publish” does not mean it is made public – an
arbitration award is a private document, not something that is made public.
Publish is simply a technical term that means made available to the parties.
11.2. The decision is called an “Award” not a “Judgment”.
11.3. The award will be in a form approved by Ajuve and will include short reasons.
The award will be signed by the Moderator and an original will be made
available to each of the parties to the arbitration. A copy will be retained by
Ajuve for record and training purposes.
11.4. The award may be expressed in any currency. The Moderator may order that
simple or compound interest shall be paid by any party on any sum awarded
at such rates as the Moderator determines to be appropriate in respect of
any period which the Moderator determines to be appropriate ending not
later than the date upon which the award is complied with
11.5. In the event of a settlement of the dispute, the Moderator may agree to issue
an award recording the settlement if the parties so request in writing (a
"Consent Award"), provided always that such award contains an express
statement that it is an award made by the parties' consent. A consent award
need not contain reasons.
11.6. All awards shall be final and binding on the parties. By agreeing to arbitration
under these Rules, the parties undertake to carry out any award immediately.
12 Correcting obvious mistakes in an award
12.1. While every effort will be made by your Moderator to ensure his or her award
is accurate in all respects, mistakes may occasionally happen.
12.2. Within 7 days of receipt of any award, a party may by written notice to Ajuve
request the Moderator to correct in the award any errors in computation,
clerical or typographical errors or any errors of a similar nature. If the
Moderator considers the request to be justified, he or she shall make the
corrections within 7 days of receipt of the request. Any correction shall take
the form of separate memorandum dated and signed by the Moderator.
12.3. The Moderator may likewise correct any error of the nature described in
clause 12.2 on the Moderator’s own initiative within 7 days of the date of the
award, to the same effect.
13 Arbitration and Legal Costs
13.1. The costs of the arbitration are fixed in accordance with the Fees Schedule
published and updated from time to time (other than the legal or other costs
incurred by the parties themselves (if any)) by Ajuve. The parties shall be
jointly and severally liable to Ajuve for such arbitration costs. Any payment is
made to Ajuve and not to the Moderator direct.
13.2. No legal costs, expert’s costs or other costs of the arbitration are recoverable,
save in exceptional circumstances. The only fees anyone pays are the Ajuve
fees. The purpose of Ajuve is to minimise costs and to encourage parties to
engage in arbitration without incurring a big legal bill. Of course Ajuve does
not seek to prevent a party from seeking legal advice, but costs thereby
incurred will not normally be recoverable.
13.3. So, what do we mean by “not normally recoverable”? It means that Ajuve
Moderators will not award any legal costs unless one party has behaved in a
grossly inappropriate manner. This will be determined by the Moderator and
like all other decisions the Moderator may make, that decision will be final
and binding. The timetable for publication of an award will not be delayed
as a consequence.
13.4. If the arbitration is abandoned, suspended or concluded, by agreement or
otherwise, before the final award is made, the parties shall remain jointly and
severally liable to pay to Ajuve the fees in accordance with the Fee
Schedule. In the event that such arbitration costs are less than the deposits
made by the parties, there shall be a refund by Ajuve.
14.1. Unless the parties expressly agree in writing to the contrary, the parties
undertake as a general principle to keep confidential all awards in their
arbitration, together with all materials in the proceedings created for the
purpose of the arbitration and all other documents produced by another
party in the proceedings not otherwise in the public domain - save and to the
extent that disclosure may be required of a party by legal duty, to protect or
pursue a legal right or to enforce or challenge an award in bona fide legal
proceedings before a state court or other judicial authority.
14.2. Ajuve will not publicize any award or any part of an award without the prior
written consent of all parties and the Moderator. However, the parties
authorise Ajuve to disseminate an award to staff employed by Ajuve, the
Supervisory Board, its legal advisers and Moderators employed or engaged
by Ajuve for the purposes of training and Moderators assessment or for other
reasonable internal purposes.
15 Exclusion of Liability
15.1. None of Ajuve, its employees, owners, shareholders, agents or associates or
any Moderator shall be liable to any party howsoever for any act or omission
in connection with any arbitration conducted by reference to these Rules.
15.2. After the award has been made and the possibilities of correction referred to
in Article 12 have lapsed or been exhausted, neither Ajuve or any Moderator
shall be under any legal obligation to make any statement to any person
about any matter concerning the arbitration, nor shall any party seek to
make any of these persons a witness in any legal or other proceedings arising
out of the arbitration.
16 General Rules
16.1. A party who knows that any provision of the arbitration agreement (including
these Rules) has not been complied with and yet proceeds with the
arbitration without promptly stating its objection to such non-compliance,
shall be treated as having irrevocably waived its right to object.
16.2. In all matters not expressly provided for in these Rules, Ajuve, the Moderator
and the parties shall act in the spirit of these Rules and shall make every
reasonable effort to ensure that an award is legally enforceable.
17 Changes to these Rules
17.1. These Rules are subject to amendment or change without prior notice.
Always ensure that you check the current version of these Rules before relying